Court knocks back development at Bangalow for second time
IT'S back to the drawing board for the developers who planned to build a two-storey residential and commercial building in Station St, Bangalow after their appeal was refused in the Land and Environment Court.
It is the second time Gordon Highlands Pty Ltd had appealed to the courts to overturn a planning decision by Byron Shire Council and follows a concerted community campaign opposing plans to demolish an existing home and garage and replace it with a two-storey mix of shops and residential apartments and underground parking.
The appeal was heard at Tweed Heads Local Court earlier this week, with Commissioner Susan O'Neill refusing the development on the grounds it was an "uncharacteristically large building" that would "shift the character" of Station St.
"The form and scale of the proposal has an adverse impact on the heritage values and existing character of Station Street," Comm O'Neill said.
Yesterday Byron Shire Council's governance director, Ralph James described the ruling as a win.
"The court upheld the council's refusal of the bulk and scale of the application," Mr James said.
"Council had resolved to defend the appeal vigorously, and we did that."
Mr James said the developers were entitled to lodge a fresh application with the council.
A representative for the developers was contacted for this report.